THE STATE v LAZARUS TOGAREPI

HMA 11-19

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Case Details

Court

Masvingo High Court

Date

8 March 2019

Citation

HMA 11-19

Neutral Citation

None

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

AssaultCulpable HomicideMurderMob ViolenceWitness Credibility

Key Issues

{"issue_text":"Whether the accused is guilty of murder as charged under section 47(1) of the Criminal Code.","issue_type":"fact","dispositive":"yes","related_facts":"Nature of assault, intent, cause of death"}
{"issue_text":"Whether the accused's version of events (mob justice) is credible compared to the State's evidence.","issue_type":"fact","dispositive":"yes","related_facts":"Conflicting testimonies, accused's inconsistent statements"}
{"issue_text":"Whether the accused had the requisite intent (dolus) for murder or if a lesser verdict of culpable homicide is appropriate.","issue_type":"mixed","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Prolonged nature of assault, weapons used (switches, fists), accused's state of mind"}

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background

Facts of the Case

Background

On the night of 14-15 November 2015, the deceased Paradzanai Badza and his accomplice Simbarashe Mutodi attempted to steal a car battery from a homestead in Matsvange Village, Bikita. They were discovered, and Mutodi was apprehended. The deceased escaped but was later located at his home. The accused, acting as village head, along with an accomplice Charles Chinhosva and others, went to the deceased's house. The deceased was forcibly removed from his home and severely assaulted by the accused and Charles, resulting in his death from multiple injuries including a depressed skull fracture and rib fractures.

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